The president appoints the prime minister with approval of the National Assembly, as well as appointing and presiding over the State Council of chief ministers as the head of government. On 12 March 2004 the executive power of then president Roh Moo-hyun was suspended when the Assembly voted to impeach him and Prime MinisterGoh Kun became an Acting President. On 14 May 2004 the Constitutional Court overturned the impeachment decision made by the Assembly and Roh was reinstated.

The South Korean judiciary is independent of the other two branches. The highest judiciary body is the Supreme Court, whose justices are appointed by the president with the consent of the National Assembly. In addition, the Constitutional Court oversees questions of constitutionality. South Korea has not accepted compulsory ICJ jurisdiction.